Hardware Warranty

12 MONTH WARRANTY FOR NINTENDO HARDWARE - AUSTRALIA AND NEW ZEALAND

MANUFACTURER'S WARRANTY

This warranty applies to Nintendo consoles, including the original built-in software included with the respective Nintendo consoles at the time of purchase (the "Nintendo Operating Software") and any controllers included within the console packaging (the "Nintendo Controllers"). In this warranty, the Nintendo console, the Nintendo Operating Software and the Nintendo Controllers are referred to together as the "Product".

The benefits given by this Warranty are in addition to your other rights and remedies which you may have under the Competition and Consumer Act 2010 (Cth) and/or other applicable laws in relation to the Product.

In Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Subject to the terms and exclusions below, Nintendo Australia Pty Limited ("Nintendo") warrants to the original consumer purchasing the Product ("you") that, for a period of 12 months from the date of the purchase of the Product by you, the Product will be free from defects in materials, workmanship and manufacturing. If, having inspected the Product, Nintendo determines that the warranty claim is valid, Nintendo will (at its sole discretion) either repair or replace the part causing the defect, or replace the relevant element of the Product without charge.

EXCLUSIONS:

This warranty does not cover:

software (other than the Nintendo Operating Software) or games (whether included with the Product at the time of purchase or not);

accessories, peripherals or other items that are intended for use with the Product but are not manufactured by or for Nintendo (whether included with the Product at the time of purchase or not);

the Product if it was not supplied by Nintendo in either Australia or New Zealand;

the Product if it has been resold, or used for rental or commercial purposes;

defects in the Product that are caused by accidental damage, your and/or any third party's negligence, unreasonable use, modification, use with products not supplied, licensed or authorised for use with the Product by Nintendo (including, but not limited to, non-licensed game enhancements, copier devices, adapters, power supplies or non-licensed accessories), computer viruses or connecting to the internet or other forms of electronic communication, use of the Product otherwise than in accordance with the instructions in the respective Nintendo Operations Manual or any other instructions which Nintendo makes available (the "Nintendo Documentation"), or any other cause unrelated to defects in materials, workmanship or manufacturing;

defects in the Product that are caused by the use of faulty, damaged or leaking batteries or battery packs, or any other use of batteries or battery packs not in accordance with the instructions in the respective Nintendo Documentation;

dirty/contaminated electrical contacts;

liquid/moisture damage;

wear and tear;

gradual decrease over time in the capacity and performance of rechargeable batteries and rechargeable battery packs for the Product (including NTR-003, USG-003, TWL-003, UTL-003, CTR-003, SPR-003, KTR-003, and WUP-012) (which, for the avoidance of doubt, will not be deemed to be a defect in materials, workmanship or manufacturing of the Product);

the Product if it has been opened, modified or repaired by you or any other person not authorised by Nintendo, or if the Product has its serial number or compliance label altered, defaced or removed;

loss of any data that has been loaded onto or stored on the Product by any person or company other than Nintendo or its authorised partners;

loss of data or any other content, such as software, as a result of formatting the memory of the Product (or the SD Card or any other external storage device being used with the Product); or

loss of data or any other content as a result of deleting a Nintendo Network ID registered or linked to the Product.

HOW TO MAKE A CLAIM

Before returning the Product for assessment, visit our website www.nintendo.com.au for product support and service information, or contact Nintendo Customer Service using the details below:

attach a copy of your proof of purchase, ensuring that it indicates the date of purchase of the Product.

Before sending the Product to the Nintendo Service Department, you should remove or delete any private or confidential files or data.

LOSS OF DATA

You accept and agree that Nintendo will not be responsible for any loss, deletion or corruption of your files or data that has not been deleted or removed. Nintendo strongly recommends that you make a back up copy of any data that you do not remove or delete. Please note that, depending on the type of repair, data stored in the memory of the Product may be deleted, and you may not be able to read data saved to your SD Card or to any other external storage device, or import it back onto the Product following such repair.

REPAIRS NOT COVERED BY THIS WARRANTY OR BY A CONSUMER GUARANTEE

If, after inspecting the Product, Nintendo determines that the defect is not covered by this warranty or by a consumer guarantee under the Australian Consumer Law, or that there is no defect, you will be liable for the cost of assessing the Product which is inclusive of shipping and/or handling costs. Should you wish Nintendo to remedy any defect not covered by this warranty or by a consumer guarantee, the price of such remedy will be quoted to you before any repair or replacement is carried out.

NINTENDO OPERATING SOFTWARE

The Nintendo Operating Software may only be used with Nintendo consoles, and may not be used for any other purpose. You must not copy, adapt, reverse-engineer, decompile, disassemble or modify the Nintendo Operating Software other than as expressly permitted by applicable law. Nintendo may use anti-copying or other measures to protect its rights relating to the Nintendo Operating Software.

This Warranty is offered by Nintendo Australia Pty Limited located at 804 Stud Road, Scoresby Victoria 3179 Australia. No other person or organisation is authorised to vary its provisions and conditions.